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SIMMS v. CANDLER

43290.

256 Ga. 162 (1986)

345 S.E.2d 37

SIMMS et al. v. CANDLER et al.

Supreme Court of Georgia.

Reconsideration Denied July 16, 1986.

Attorney(s) appearing for the Case

Bishop & Wainright, James A. Bishop, R. Peter Catlin III, for appellants.

James R. Tuten, Jr., for appellees.

WELTNER, Justice.

The Simmses and the Candlers own adjacent beach front lots on Sea Island. Ribault Lane was platted behind both properties, and by agreement of predecessors in title was closed behind the Simmses' property, but not behind the Candlers' property. The Candlers landscaped the adjacent half of Ribault Lane, and have used the other half as a private driveway for the past thirty-three years. Simmses' predecessor erected a fence between his property and...

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